This request concerns the acceptability of a design build contractor directly contracting with the firm providing third party commissioning services to perform additional commissioning and obtain credit for the LEED NC EAc3. Our design build contract specifically requires that we, the design build contractor, contract for all labor materials and services required to fulfill the contract obligations including the procurement of LEED Commissioning Services. The contract specifically states: "1.3 PERFORMANCE Provide building commissioning for the P-305 Bachelor Enlisted Quarters, under the direct supervision of the Commissioning Authority (CA), in accordance with LEED and the approved commissioning plan (unless specifically noted otherwise herein). The work includes provision of all materials, equipment, labor, supervision, tools and items necessary for the completion of the commissioning process." "1.4.2 Commissioning Authority An independent (third party) entity contracted directly by and monitored solely by the General Contractor . The CA shall not be employed by any member of the design, sub-contractors, or testing firms active on this project. The CA shall, at the date of contract award, be a current member of good standing with the Building Commissioning Association (BCA), and shall have completed the commissioning of 2 buildings with similar systems." As required we have entered into a contract with Keithly Barber Associates (KBA) to be the Commissioning Agent and to provide the Commissioning for the project in accordance with EAp1 & EAc3. KBA is independent of all subcontractors on the project and has a sole responsibility on the project of acting as the Commissioning Agent. KBA functions independently from the design/construction team and enforces a communication protocol that funnels all reporting directly to the owner, as required by the Green Building Council\'s LEED for New Construction Version 2.2 Reference Guide. This arrangement allows KBA to be independent of the construction process, will minimize the potential of conflicts of interest, provides direct communication for KBA to the owner, and allows us to comply with our contract to the owner. REQUEST: Please consider allowing credit for the enhanced commissioning effort, EAc3, where the Commissioning Agent is contracted with the design build contractor as a second tier subcontractor, as required per contract with the owner, and is given direct reporting responsibilities to the Owner. We believe a precedent can be found for this in CIR dated 12/22/05 regarding EAc3 which states: "The intent of the credit is met if the design builder has hired an independent third party commissioning provider. To ensure that conflict of interest is minimized, there should be a clear, direct line of communication from the commissioning provider to the owner". An additional CIR states: "Yes, a disinterested subcontractor is acceptable as Commissioning Agent for EAc3. \'Disinterested\' means that this entity has no additional role in the project and is allowed unfettered communication with the project owner."